Dear Jane: LIke Jon said, "Welcome to cemetery preservation in Indiana". :-) You are dealing with several issues here. My initial advice is to FIRST do the deed research. On the main INPCRP webpage, you'll find Marlene Mattox's wonderful article on researching cemetery deeds. Use that article as your guide to go to the county courthouse, pull the current deed and start pulling previous deeds. You may be surprised to find that the metes and bounds (legal description) of the cemetery can be found in a deed from the 1900s or perhaps the 1800s. (We have a problem in Indiana with cemeteries "falling off" the deeds after the turn of the century into the 1900s, so you may have to go back more than 100 years to determine if the cemetery is specifically mentioned on the deed. On the other hand, you may find it clearly stated on the current deed.) Up until about 3 years ago, it was LEGAL in Indiana for anyone involved in "any form of agriculture" to destroy the above-ground signs of a cemetery. That is very likely what happened to the stones in this cemetery. Bear in mind that in years past, when people "moved a cemetery", they oftentimes moved the stones and a symbolic shoveful of dirt. Very seldom did they do what amounts to an archeological excavation to remove and relocate the actual remains. This may explain the contradicting reports of "moving" the graves and the accidental discovery of human remains. You might want to check the microfilms of the local newspapers for the period of time that the accidental discovery was made 10 years ago. It may have been reported there. PLEASE keep us posted as your investigation continues. Lois ----- Original Message ----- From: <Misyjane15@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Sunday, October 21, 2001 8:18 PM Subject: [INPCRP] Cemetery or not? > Hello List, > I need some help/advise on this one. It is similar to the recent septic tank > cemetery. Two weeks ago my sister, myself and our husbands took a Sunday > drive to Shelby county near Morristown in hopes of finding our fourth > greatgrandparents. Armed with a cemetery list from the State Library compiled > in 1952 that had some simple ( and incorrect as it turns out) directions we > drove the area looking for likely places for a Pioneer Cemetery. The > Cemetery List listed four marked graves on three of our ancestors and one > other person. The list mentioned as many as 40 other graves marked with > fieldstones, one with initials carved rudely. The dates from the ancestors > 1835, 1836 and 1846. The list mentioned that when Asbury Cemetery was started > that no more burials were made in this older cemetery. To make a long story > short, we saw a man trimming trees and asked him if he knew of an old > abandoned cemetery. He said that actually he was told that at one time there > was supposed to be an old cemetery on his land and he was told that the > headstones had been turned face down to "preserve" them and covered over with > dirt. He said that actually his wife had made a rock garden from large rocks > that had been in the yard when they built their house 10 years ago, one of > them had initials carved on it and would we like to see it. We looked at the > rock garden and indeed there were initials carved in one stone. I don't have > the knowledge to say whether this was a grave marker at one time but it > seemed suspicious to me having read the comments on the 1952 Cemetery List. > He then seemed embarrassed and said that when the foundation was dug for > their house, some remains (bones) were brought up along with old nails. The > sheriff was called and someone from the state to determine whether the > remains were from a Native American and it was determined they were from a 17 > - 19 year old male caucasion. We went inside to talk to the man's wife and > she remembered that they had found a headstone - when she told me the name, > it was my 4th great grandmother. They gave the headstone to someone at the > fire station that was supposed to be a decendent. We called that person to > see what happened to the stone and he couldn't remember!!! We called the man > who owned the land before the present owners and he said that he had been > told that there was a cemetery on the land but all the graves had been moved > to Asbury Cemetery and he didn't know anything else. About that time the > wife's father and mother drove up and the older man said he remembered one > time WHEN THEY WERE HAVING THEIR SEPTIC TANK WORKED ON in the winter he was > walking in the backyard and thought he could see a headstone just below the > surface. We probed a little in the area where he thought it was but didn't > find anything. We have checked the list for Asbury Cemetery and an old entry > indicated some "bones" moved from the property I am writing about. I > personally think that some bones were moved, the Cemetery List says three or > four" but the four graves that had markers were there in 1952 and very > possibly are there now. I would like to get this "cemetery" registered with > the DNR but if there really aren't any remains there, is it really a > cemetery? If there are remains, is there someone out there that would like to > help me probe or do whatever to find them. The people that own the land now > said they would gladly let me try to find any graves short of digging up > their backyard. This is entirely to much for me to handle without some help - > any takers? > Jane Kesslar > misyjane15@aol.com > 11227 Rolling Springs Drive > Carmel, IN 46033 > (317)848-7416 > > > ==== INPCRP Mailing List ==== > If we cannot respect the dead, how can we respect the living? > >

Lois, This is an absolute disgrace what has happened there. When they found the first bones they should have stopped all construction activity until they knew what they had. Likely as not, many graves are under a part of the house or deck or who knows what! This descendant family member should have some rights under the law. Is there nothing to protect her ancestors graves available to her? Sue Silver California ----- Original Message ----- From: "Lois Mauk" <loismauk@home.com> To: <INPCRP-L@rootsweb.com> Sent: Sunday, October 21, 2001 10:14 PM Subject: Re: [INPCRP] Cemetery or not? > Dear Jane: > > LIke Jon said, "Welcome to cemetery preservation in Indiana". :-) > > You are dealing with several issues here. My initial advice is to FIRST do > the deed research. > > On the main INPCRP webpage, you'll find Marlene Mattox's wonderful article > on researching cemetery deeds. Use that article as your guide to go to the > county courthouse, pull the current deed and start pulling previous deeds. > You may be surprised to find that the metes and bounds (legal description) > of the cemetery can be found in a deed from the 1900s or perhaps the 1800s. > (We have a problem in Indiana with cemeteries "falling off" the deeds after > the turn of the century into the 1900s, so you may have to go back more than > 100 years to determine if the cemetery is specifically mentioned on the > deed. On the other hand, you may find it clearly stated on the current > deed.) > > Up until about 3 years ago, it was LEGAL in Indiana for anyone involved in > "any form of agriculture" to destroy the above-ground signs of a cemetery. > That is very likely what happened to the stones in this cemetery. > > Bear in mind that in years past, when people "moved a cemetery", they > oftentimes moved the stones and a symbolic shoveful of dirt. Very seldom > did they do what amounts to an archeological excavation to remove and > relocate the actual remains. This may explain the contradicting reports of > "moving" the graves and the accidental discovery of human remains. > > You might want to check the microfilms of the local newspapers for the > period of time that the accidental discovery was made 10 years ago. It may > have been reported there. > > PLEASE keep us posted as your investigation continues. > > Lois > > ----- Original Message ----- > From: <Misyjane15@aol.com> > To: <INPCRP-L@rootsweb.com> > Sent: Sunday, October 21, 2001 8:18 PM > Subject: [INPCRP] Cemetery or not? > > > > Hello List, > > I need some help/advise on this one. It is similar to the recent septic > tank > > cemetery. Two weeks ago my sister, myself and our husbands took a Sunday > > drive to Shelby county near Morristown in hopes of finding our fourth > > greatgrandparents. Armed with a cemetery list from the State Library > compiled > > in 1952 that had some simple ( and incorrect as it turns out) directions > we > > drove the area looking for likely places for a Pioneer Cemetery. The > > Cemetery List listed four marked graves on three of our ancestors and one > > other person. The list mentioned as many as 40 other graves marked with > > fieldstones, one with initials carved rudely. The dates from the ancestors > > 1835, 1836 and 1846. The list mentioned that when Asbury Cemetery was > started > > that no more burials were made in this older cemetery. To make a long > story > > short, we saw a man trimming trees and asked him if he knew of an old > > abandoned cemetery. He said that actually he was told that at one time > there > > was supposed to be an old cemetery on his land and he was told that the > > headstones had been turned face down to "preserve" them and covered over > with > > dirt. He said that actually his wife had made a rock garden from large > rocks > > that had been in the yard when they built their house 10 years ago, one of > > them had initials carved on it and would we like to see it. We looked at > the > > rock garden and indeed there were initials carved in one stone. I don't > have > > the knowledge to say whether this was a grave marker at one time but it > > seemed suspicious to me having read the comments on the 1952 Cemetery > List. > > He then seemed embarrassed and said that when the foundation was dug for > > their house, some remains (bones) were brought up along with old nails. > The > > sheriff was called and someone from the state to determine whether the > > remains were from a Native American and it was determined they were from a > 17 > > - 19 year old male caucasion. We went inside to talk to the man's wife and > > she remembered that they had found a headstone - when she told me the > name, > > it was my 4th great grandmother. They gave the headstone to someone at the > > fire station that was supposed to be a decendent. We called that person to > > see what happened to the stone and he couldn't remember!!! We called the > man > > who owned the land before the present owners and he said that he had been > > told that there was a cemetery on the land but all the graves had been > moved > > to Asbury Cemetery and he didn't know anything else. About that time the > > wife's father and mother drove up and the older man said he remembered one > > time WHEN THEY WERE HAVING THEIR SEPTIC TANK WORKED ON in the winter he > was > > walking in the backyard and thought he could see a headstone just below > the > > surface. We probed a little in the area where he thought it was but didn't > > find anything. We have checked the list for Asbury Cemetery and an old > entry > > indicated some "bones" moved from the property I am writing about. I > > personally think that some bones were moved, the Cemetery List says three > or > > four" but the four graves that had markers were there in 1952 and very > > possibly are there now. I would like to get this "cemetery" registered > with > > the DNR but if there really aren't any remains there, is it really a > > cemetery? If there are remains, is there someone out there that would like > to > > help me probe or do whatever to find them. The people that own the land > now > > said they would gladly let me try to find any graves short of digging up > > their backyard. This is entirely to much for me to handle without some > help - > > any takers? > > Jane Kesslar > > misyjane15@aol.com > > 11227 Rolling Springs Drive > > Carmel, IN 46033 > > (317)848-7416 > > > > > > ==== INPCRP Mailing List ==== > > If we cannot respect the dead, how can we respect the living? > > > > > > > ==== INPCRP Mailing List ==== > Cemetery: (n) A marble orchard not to be taken for granite. > >